Sec. 621, Foreign Assistance Act of 1961, as amended (22 U.S.C. 2381).
(a) USAID registers PVOs to:
(1) Meet statutory and regulatory requirements that a U.S. PVO be registered with USAID as a condition for USAID funding.
(2) Provide USAID with information for computing the amount of USAID funding made available to PVOs.
(b) It is not the purpose of registration to allow or enable registered PVOs to make any representation to the public concerning the meaning of being registered with USAID. Promotional materials or advertisements suggesting otherwise will be grounds for removal from the USAID PVO Registry.
(c) Registration does not bring an organization within the Ambassador's authority and responsibility for the security of U.S. Government operations and personnel abroad.
As used in this part:
(a)
(b)
(c)
(d)
(e)
(1) Is non-U.S. based in that it is organized under the laws of the country in which it is domiciled;
(2) Is a private nongovernmental organization (NGO) that solicits and receives cash contributions from the general public;
(3) Is a charitable organization in that it is nonprofit and tax exempt under the laws of its country of domicile and operation, and is not a university, college, accredited degree-granting institution of education, private foundation, hospital, organization engaged exclusively in research or scientific activities, church, synagogue, mosque or other similar entities organized primarily for religious purposes; and
(4) Conducts, or anticipates conducting, program activities in one or more countries other than its country of origin that are consistent with the general purposes of the Foreign Assistance Act and/or Public Law 480.
(5) Is not recognized as a Public International Organization according to USAID's Automated Directives System (ADS) 308.3.
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(1) Is organized under the laws of the United States and headquartered in the United States;
(2) Is a nongovernmental organization (NGO) that solicits and receives cash contributions from the U.S. general public;
(3) Is a charitable organization in that it is nonprofit and exempt from Federal income taxes under section 501(c)(3) of the Internal Revenue Code, and is not a university, college, accredited degree-granting institution of education, private foundation, hospital, organization established by a major political party in the United States, organization established, funded and audited by the U.S. Congress, organization engaged exclusively in research or scientific activities, church, synagogue, mosque or other similar entity
(4) Conducts, or anticipates conducting, overseas program activities that are consistent with the general purposes of the Foreign Assistance Act and/or Public Law 480.
There are eight Conditions of Registration for U.S. organizations. The first four Conditions relate to whether an organization meets the definition of a U.S. PVO, as set forth in § 203.2 (p), while the last four Conditions establish standards by which the U.S. PVO is evaluated. An applicant must be registered with USAID as a U.S. PVO if USAID finds that the applicant has satisfied all of the following Conditions:
(a)
(1) Is organized under the laws of the United States; and
(2) Has its headquarters in the United States.
(b)
(c)
(1) Is nonprofit and exempt from Federal income taxes under Section 501(C)(3) of the Internal Revenue Code; and
(2) Is not a university, college, accredited degree-granting institution of education, private foundation, hospital, organization established by a major political party in the United States, organization established, funded and audited by the U.S. Congress, organization engaged exclusively in research or scientific activities, church, synagogue, mosque or other similar entity organized primarily for religious purposes.
(d)
(e)
(1) That meets at least annually;
(2) Whose members do not receive any form of income for serving on the board; and
(3) Whose majority is not composed of the PVO's officers or staff members.
(f)
(1) Accounts for its funds in accordance with generally accepted accounting principles (GAAP);
(2) Has a sound financial position;
(3) Provides its financial statements to the public upon request; and
(4) Has been incorporated for not less than 18 months.
(g)
(1) Expends and distributes its funds in accordance with the annual report of program activities;
(2) Does not expend more than 40 percent of total expenses on supporting services.
(3) In order to maintain its registration, conducts international program activities within the last three years. For example, if a U.S. PVO did not have any international activities for 2004, the current year, or 2003, but did have activities in 2002, then it would remain registered. However, if it did not have any international activities in 2005, USAID would remove it from the Registry in 2006 because for the previous three years (2003, 2004, 2005), it did not conduct any international activities.
(h)
(1) Suspended or debarred by an agency of the U.S. Government;
(2) Designated as a foreign terrorist organization by the Secretary of State, pursuant to Section 219 of the Immigration and Nationality Act, as amended; or
(3) The subject of a decision by the Department of State to the effect that registration or a financial relationship between USAID and the organization is contrary to the national defense, national security, or foreign policy interests of the United States.
(a) So that USAID can determine whether an applicant meets the Conditions of Registration, an application
(1) A cover letter with
(i) The reason for applying for registration; and
(ii) A description of current or intended overseas program activities;
(2) Articles of incorporation on state letterhead with state seal and authorizing state official's signature;
(3) Bylaws establishing the applicant's corporate structure;
(4) IRS Form 990 and a copy of an IRS letter of tax exemption;
(5) Audited financial statements for the most recent fiscal year prepared on an accrual basis in accordance with generally accepted accounting principles (GAAP) by an independent certified public accountant (CPA); an Office of Management and Budget (OMB) Circular A-133 audit, if applicable;
(6) Annual report or similar document that describes overall program activities for the same year as the audit, including a list of board members;
(7) AID Form 1550-2, PVO Annual Return; and
(8) AID Form 200-1, PVO Classification Form.
(b) In addition, each applicant must submit such other information as USAID may reasonably require to determine whether the organization meets the Conditions of Registration.
(c) USAID may revise this list of documents from time to time.
(d) Other USAID officials may request information similar to that submitted under these regulations for other purposes; for example, to determine an organization's eligibility for a particular grant or cooperative agreement.
(e) The completed application must be sent in duplicate to the USAID Registrar, Office of Private Voluntary Cooperation—American Schools & Hospitals Abroad, 1300 Pennsylvania Avenue, NW., Washington, DC 20523-7600.
(a) To maintain its registration, each registered PVO must submit documents and forms annually. The submission instructions and forms packet are available at USAID Web site
(1) Audited financial statements for the most recent fiscal year prepared on an Accrual basis in accordance with GAAP by an independent CPA; an OMB Circular A-133 audit, if applicable; or unaudited financial statements if total Support and revenue is less than $50,000.
(2) Annual report or similar document that describes overall program activities for the same year as the audit, including a list of board members;
(3) AID Form 1550-2, PVO Annual Return; and
(4) AID Form 200-1, PVO Classification Form.
(b) PVOs also must submit any amendments, if applicable, to its articles of incorporation, or bylaws and any changes in the tax-exempt status.
(c) Submission is due within six months after the close of the PVO's fiscal year if the PVO does not prepare an OMB Circular A-133 audit.
(d) Submission is due within nine months after the close of the PVO's fiscal year if the PVO does prepare an OMB Circular A-133 audit.
(e) In addition, each registrant must submit such other information as USAID may reasonably require to determine that the organization continues to meet the Conditions of Registration.
(f) USAID may revise this list of documents from time to time.
(g) Other USAID officials may request information similar to that submitted under these regulations for other purposes; for example, to determine the PVO's eligibility for a particular grant or cooperative agreement.
(h) The completed submission must be sent annually to the USAID Registrar, Office of Private Voluntary Cooperation—American Schools & Hospitals Abroad, 1300 Pennsylvania Avenue, NW., Washington, DC 20523-7600.
There are eight Conditions of Registration for international organizations. The first four Conditions relate to whether an organization meets the definition of an IPVO, as set forth in § 203.2(e), while the last four Conditions establish standards by which the IPVO is evaluated. An applicant must be registered with USAID as an IPVO if USAID finds that the applicant has satisfied all of the following Conditions:
(a)
(1) Is organized under the laws of the country in which it is domiciled; and
(2) Has its headquarters in the same country.
(b)
(c)
(1) Is nonprofit and tax exempt under the laws of its country of domicile and operation;
(2) Is not a university, college, accredited degree-granting institution of education, private foundation, hospital, organization engaged exclusively in research or scientific activities, church, synagogue, mosque or other similar entity organized primarily for religious purposes; and
(3) Is not recognized as a Public International Organization according to USAID's ADS 308.3.
(d)
(e)
(1) That meets at least annually;
(2) Whose members do not receive any form of income for serving on the board; and
(3) Whose majority is not composed of the IPVO's officers or staff members.
(f)
(1) Accounts for its funds in accordance with generally accepted accounting principles (GAAP) or generally accepted accounting standards of IPVO's country of domicile.
(2) Has a sound financial position;
(3) Provides its financial statements to the public upon request; and
(4) Has been incorporated for not less than 18 months.
(g)
(1) Expends and distributes its funds in accordance with the annual report of program activities;
(2) Does not expend more than 40 percent of total expenses on supporting services; and
(3) In order to maintain its registration, conducts international program activities within the last three years. For example, if an IPVO did not have any international activities for 2004, the current year, or 2003, but did have activities in 2002, then it would remain registered. However, if it did not have any international activities in 2005, USAID would remove it from the Registry in 2006 because for the previous three years (2003, 2004, 2005), it did not conduct any international activities.
(h)
(1) Suspended or debarred by an agency of the U.S. Government;
(2) Designated as a foreign terrorist organization by the Secretary of State, pursuant to Section 219 of the Immigration and Nationality Act, as amended; or
(3) The subject of a decision by the Department of State to the effect that registration or a financial relationship between USAID and the organization is contrary to the national defense, national security, or foreign policy interests of the United States.
(a) So that USAID can determine whether an applicant meets the Conditions of Registration, an application must be submitted in duplicate and in English. The application instructions and forms packet are available at USAID Web site
(1) A cover letter with
(i) The reason for applying for registration; and
(ii) A description of current or intended program activities abroad;
(2) Articles of incorporation or charter establishing the IPVO's legal status under the laws of the country in which it is domiciled;
(3) Bylaws or other documents establishing the applicant's corporate structure;
(4) Statement of tax exemption or a comparable document from the country of its origin;
(5) Audited financial statements for the most recent fiscal year prepared on an accrual basis in accordance with generally accepted accounting principles (GAAP) or generally accepted accounting standards for IPVO's country of domicile by an independent certified public accountant (CPA) and in
(6) Annual report or similar document that describes overall program activities for the same year as the audit, including a list of board members;
(7) International Executive Contact Data Sheet; and
(8) AID Form 200-1, PVO Classification Form.
(b) In addition, each applicant must submit such other information as USAID may reasonably require to determine whether the organization meets the Conditions of Registration.
(c) USAID may revise this list of documents from time to time.
(d) Other USAID officials may request information similar to that submitted under these regulations for other purposes; for example, to determine an organization's eligibility for a particular grant or cooperative agreement.
(e) The completed application must be sent in duplicate to the USAID Registrar, Office of Private Voluntary Cooperation—American Schools & Hospitals Abroad, 1300 Pennsylvania Avenue, NW., Washington, DC 20523-7600.
(a) To maintain its registration, each registered IPVO must submit documents and forms, in English, annually. The submission instructions and forms packet are available at USAID Web site
(1) Audited financial statements for the most recent fiscal year prepared on an accrual basis in accordance with GAAP or generally accepted accounting standards for IPVO's country of domicile by an independent CPA; or unaudited financial statements if total support and revenue is less than $50,000 in
(2) Annual report or similar document that describes overall program activities for the same year as the audit, including a list of board members;
(3) International Executive Contact Data Sheet; and
(4) AID Form 200-1, PVO Classification Form.
(b) IPVOs also must submit any amendments, if applicable, to its articles of incorporation, charter, or bylaws and any changes in the tax-exempt status.
(c) Submission is due within six months after the close of the IPVO's fiscal year.
(d) In addition, each registrant must submit such other information as USAID may reasonably require to determine that the organization continues to meet the Conditions of Registration.
(e) USAID may revise this list of documents from time to time.
(f) Other USAID officials may request information similar to that submitted under these regulations for other purposes; for example, to determine the IPVO's eligibility for a particular grant or cooperative agreement.
(g) The completed submission must be sent annually in English to the
(a)
(b)
(c)
(a)
(1) Relinquishes its registration status voluntarily upon written notice to USAID;
(2) Fails to comply with the documentation requirements or the Conditions of Registration;
(3) Uses promotional material or advertisements suggesting that its USAID registration is an endorsement; or
(4) Refuses to transfer to USAID any records, documents, copies of such records or documents, or information referred to in this regulation and within the registrant's control within a reasonable time after USAID request them.
(b)
(c)
(d)
(a) All records, reports, and other documents that are made available to USAID pursuant to this regulation must be made available for public inspection and copying, pursuant to the Freedom of Information Act and other applicable laws.
(b) Communications from USAID will only be sent to the applicant's or registrant's headquarters.
CDOs are not PVOs for purposes of registration under this part. CDOs as part of the larger PVO community will continue to be listed in the U.S. PVO Registry at
The Administrator of USAID or his/her designee may delegate authority to the Assistant Administrator of the Bureau for Democracy, Conflict and Humanitarian Assistance to administer the registration process and, in particular, the authority to waive, withdraw, or amend any or all of the provisions within this part.